FORT MYERS, Fla.--(BUSINESS WIRE)--SubscriberWise, the nation’s largest issuing CRA for the communications industry and the leading protector of children victimized by identity fraud, announced today the favorable civil disposition from Federal Judge Sheri Polster Chappell in the United States District Court for the Florida Middle District.
The ruling was signed on April 19, 2018, and reads as follows:
Endorsed Order GRANTING Plaintiff David Edward Howe's Voluntary Motion to Dismiss Case Without Prejudice. (Doc. ). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves an answer or files a motion for summary judgment. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, in compliance with Rule 41(a), this action is DISMISSED without prejudice.
The Clerk is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 4/19/2018. (CMC)
“Although it was an unassuming and straightforward pleading (Case: 2:18-cv-00218-SPC-MRM), the possibility that the federal civil fraud and theft case filed against Enterprise Holdings may have been dismissed with prejudice would have been a dream come true for the corporate tortfeasor,” acknowledged David Howe, America’s child identity guardian and National Car Rental crime victim. “In other words, a dismissal with prejudice could have permanently barred the case from being heard in a civil justice system anywhere in this nation.”
“Of course, denying victims access to public courtrooms -- and their commensurate jury verdicts -- is exactly the goal of the one-sided and harmful arbitration clauses,” Howe asserted.
“Therefore, after a methodical review of the predatory rental terms -- including audio evidence (https://soundcloud.com/user-370781554/howe-damage-recovery-unit-cannot-sue-no-due-process) connected to the fraud and civil theft -- as well as on the legal advice proffered by a concerned federal trial attorney with expertise in these matters, the decision was made to file a pleading to dismiss without prejudice.
“And thankfully, the Judge granted the pleading without delay. The case was dismissed without prejudice, leaving the door open for some small measure of due process – albeit inadequate and unfair for the victim.
“Today I acknowledge the Honorable Judge Sheri Polster Chappell and thank her for accepting the voluntary plea to dismiss without prejudice,” emphasized Howe. “I also sincerely appreciate the speed at which the court responded to the pleading.
“While justice is expensive and routinely delayed, it should never be denied because of predatory and unfair arbitration clauses that markedly disadvantage victims everywhere,” concluded Howe.
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